Lawsuits against ICE agents might be allowed under proposed California bill

SACRAMENTO — A week after a Minnesota woman was fatally shot by a federal immigration agent, California lawmakers introduced a bill that would make it easier for people to sue federal agents if they believe their constitutional rights have been violated.

A Senate committee has passed House Bill 747 from Sen. Scott Wiener (D-San Francisco), which would give Californians greater ability to sue federal law enforcement officers for excessive use of force, illegal home searches, interference with the right to protest and other violations.

California law already allows such suits against state and local law enforcement officials.

Successful civil suits against federal officials over constitutional rights are less common.

Wiener, appearing before the Senate Judiciary Committee on Tuesday, said his bill took on new urgency following the death of Renee Nicole Good in Minnesota, the 37-year-old mother of three who was shot and killed while driving on a snowy Minneapolis street.

Good was shot by an agent in self-defense, said Department of Homeland Security Secretary Kristi Noem, who alleged that Good tried to use her car as a weapon to run over the immigration agent.

Good’s death has outraged Democratic leaders across the country, who accuse federal agents of flouting laws in their efforts to deport thousands of undocumented immigrants. In New York, lawmakers are proposing legislation similar to that proposed by Wiener that would allow state-level civil actions against federal agents.

George Retes Jr., a U.S. citizen and Army veteran who was detained by the federal government for three days in July, described his ordeal at Tuesday’s commission hearing and how immigration agents swarmed him during a raid in Camarillo.

Retes, a contract security guard at the farm that was raided, said he was taken to the Port Hueneme naval base. Authorities swabbed his cheek to obtain DNA, then transferred him to the Los Angeles Metropolitan Detention Center. He was not allowed to call or consult a lawyer, he said.

“I did not resist, obstruct or assault any officer,” Retes said. “What happened to me that day was not a misunderstanding. It was a violation of the Constitution by the very people who had sworn to uphold it.”

He also accused Department of Homeland Security spokeswoman Tricia McLaughlin of spreading false information about him to justify his detention. DHS said in a statement last year that Retes interfered with their operations, which it denies.

Retes filed a tort suit against the U.S. government, a proceeding that is rarely successful, said his lawyer, Anya Bidwell.

Lawsuits can also be brought through the Bivens Doctrine, which refers to the 1971 Supreme Court decision, Bivens v. Six Unknown Federal Agents, which established that federal officials can be sued for damages for violating the Constitution. But in recent decades, the Supreme Court has repeatedly restricted the ability to prosecute Bivens.

Wiener’s bill, if passed by the Legislature and signed by Gov. Gavin Newsom, would be retroactive to March 2025.

“We are sick and tired of this terrorist campaign by ICE in our communities,” Wiener said at a news conference before the hearing. “We need the rule of law and accountability. »

Weiner is running for the congressional seat held by former House Speaker Nancy Pelosi (D-San Francisco).

Law enforcement representatives appeared at Tuesday’s hearing to request amendments to ensure the bill would not result in a weakening of protections for state and local officials.

“We are not opposed to the intent of the bill. We are simply concerned about the future and unintended consequences for your California employees,” said David Mastagni, speaking on behalf of the Peace Officers Research Assn. of California, which represents more than 85,000 public safety members.

Wiener’s bill is the state Legislature’s latest effort to challenge President Trump’s immigration raids. Newsom signed a law last year authored by Wiener that prohibits law enforcement officials, including federal immigration agents, from wearing masks, with some exceptions.

The U.S. Department of Justice sued last year to block the law, and a hearing in that case is scheduled for Wednesday.